chester

Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

shrewsbury

Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Greater Manchester 0333 241 6886

Kennedy House,
31 Stamford St,
Altrincham WA14 1ES

30th June, 2014

Refund Of Rent After Exercise Of A Break Clause


Those of you who attended our Break Rights & Dilapidations seminar earlier in the year will have heard the High Court gave hope of a refund of overpaid rent if a break date falls between rent payment dates.

Now the Court of Appeal has decided that a clause cannot be implied into the lease allowing a refund of the rent it had paid in advance in accordance with the express terms of the lease.

The court said that the parties could easily have included provisions in the lease that required the landlord to repay any rent (or other monies) attributable to the period after the lease came to an end.

For more information on this or any other break rights issue, please contact Emma McGlinchey on 01244 405567 or email [email protected]



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